Northern Indiana

Appellate court travels for arguments

October 18, 2010
IL Staff
As part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear arguments.
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Longtime northern Indiana attorney dies

October 18, 2010
IL Staff
Nick J. Thiros, who practiced law in northwest Indiana for more than 50 years, died Oct. 14.
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Actual notice denies bona fide purchaser defense

October 12, 2010
Elizabeth Brockett
The Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession of farm equipment to a company that had security interest in it even though it had been traded to another company.
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Wrongfully-convicted man sues for withholding evidence

October 11, 2010
Jennifer Nelson
A man who spent nearly 18 years in prison for crimes from which he was later exonerated is now suing the City of Hammond and various police officers involved in his arrest.
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Suit challenges Bible instruction at public school

October 7, 2010
Jennifer Nelson
A mother’s objection to Bible study being taught at her son’s public school has led her to file a lawsuit to stop the religious teaching.
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Justices disagree on prosecutor's public reprimand

October 5, 2010
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded a lawyer for what happened to his license when he left private practice to become a full-time prosecutor in northwest Indiana, but the disciplinary action has split the state’s justices on whether a more severe punishment was warranted.
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State’s longest-seated chief public defender dies

October 1, 2010
IL Staff
Indiana’s longest-seated chief public defender and the first ever public defender in Porter County died unexpectedly Sept. 29.
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High court orders new murder trial

September 30, 2010
Jennifer Nelson
The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.
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Justices remind parties about decision certification

September 16, 2010
Michael Hoskins
The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.
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President names former deputy sheriff for U.S. Marshal

July 22, 2010
IL Staff
President Barack Obama nominated Myron M. Sutton, a former deputy sheriff in Newton County in 1998-2007, as United States Marshal for the Northern District of Indiana.
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Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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Prosecutor in Ford Pinto case dies

June 15, 2010
IL Staff

The Elkhart County prosecutor who took on Ford Motor Co. in criminal court in Indiana died Monday morning. Michael A. Cosentino was 74.

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Banking attorney confirmed as federal judge

May 12, 2010
Michael Hoskins
The Hoosier legal community has its newest federal judge in the Northern District of Indiana, and now two others up for judgeships in the state’s Southern District await their votes before the full U.S. Senate
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Suit claims courthouse violates ADA

January 7, 2010
Jennifer Nelson
Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities
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Town court judge publicly admonished

June 22, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications issued a public admonition of the Walkerton Town Court judge today for employing his wife as court clerk for more than 10 years and for participating in an ex parte conversation with a defendant about her traffic infractions.
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Court: 2-member board could affirm ruling

May 1, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company must recognize a collective bargaining agreement between the union and the company.
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Senate OKs COA panel, St. Joe judge elections

April 15, 2009
Michael Hoskins
The full Senate voted today in support of legislation scrapping the St. Joseph Superior judge merit-selection system for judicial elections, and also creating a new panel for the Indiana Court of Appeals.
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Senate gets St. Joe judges bill, with twist

April 8, 2009
Michael Hoskins
The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.
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Attorney didn't commit conversion, malpractice

April 3, 2009
Jennifer Nelson
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
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No vote yet on St. Joe judges bill

April 1, 2009
Michael Hoskins
An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.
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ND symposium focuses on fiduciary duty

March 25, 2009
IL Staff
The University of Notre Dame Law School's Spring Symposium, "The Future of Fiduciary Duties in Corporate Law," will discuss the accountability of corporate directors and the role and relevance of fiduciary duties in corporate law.
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Ethics talk focuses on corporate attorneys

March 19, 2009
IL Staff
Ethical dilemmas faced by corporate attorneys are the topics of this year's Tabor Institute on Legal Ethics at Valparaiso University School of Law.
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Fort Wayne attorney dies

March 12, 2009
Jennifer Nelson
A Northeastern Indiana attorney known for his ability to quote literature died March 9 at the age of 53. Russell Strunk practiced litigation and employment law in Fort Wayne.
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Attorney dies following sudden illness

February 16, 2009
Jennifer Nelson
An attorney whose family has practiced law in Northwest Indiana since 1916 died Feb. 12 after a brief illness.
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Snow closes Porter, LaPorte courts

February 4, 2009
IL Staff
The Porter and LaPorte county courts were closed today after the area received more than a foot of lake-effect snow. Starke, Pulaski, and St. Joseph counties reported no closings or delays today because of the weather.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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